Ocean Sanctuaries Act : a few questions answered

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MASSACHUSETTS

OCEAN

SANCTUARIES

ACT

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GOVERNHENT QQCtlMENTS
COLLECTION

SEP 0 1 1998

University of Massachuset
Depository Copy

The Ocean Sanctuaries Act joins the Wetlands
Protection Act, the Wetlands Conservancy
Program, the Public Waterfront Act (Chapter
91) and several marine fisheries and water
quality laws as major state legislation designed
to protect the fragile coastal zone' of
Massachusetts.

Originally established in 1970 and amended in
1989, the Ocean Sanctuaries Act strives to
preserve our coastal resources - marine life,
water quality, and beaches - that are so critical
to the continued health of the Commonwealth's
major industries of fishing, shellf ishing,
recreation, and tourism.

New regulations for the Act, which is
administered by the Massachusetts
Department of Environmental Management,
were issued in 1991.

What is the Ocean Sanctuaries Act?

The Ocean Sanctuaries Act (OSA) [Massachusetts
General Laws, Chapter 132A, Sections 13-16 and
18] and regulations [302 CMR 5-00] designate five
ocean sanctuaries to "be protected from any
exploitation, development or activity that would
seriously alter or otherwise endanger the ecology or
the appearance of the ocean, the seabed or subsoil
thereof, or the Cape Cod National Seashore." The
Act is unique in its charge to protect the "ecology"
and "aesthetic" interests as well as water quality.

When was the Act passed?

The Massachusetts Legislature passed the original
form of the Act in 1970, based upon
recommendations of a special commission.
Regulations were promulgated in 1978. In 1984,
the Legislature established a Study Group chaired
by the Massachusetts Coastal Zone Management
Office, which made recommendations for changes
to the original Act. The amended Act was passed
in 1989, and new regulations were promulgated in
1991.

Where are the five ocean sanctuaries
and when were they established?

Most of the Massachusetts coastline, below mean
low water, is designated as an ocean sanctuary
except for the portion of Massachusetts Bay
between Lynn and Marshfield. The five
sanctuaries are:

Sanctuary: Established by:

Cape Cod Ch. 542 of 1 970

Cape Cod Bay Ch. 742 of 1 97 1

Cape and Is. Ch. 742 of 1971

North Shore Ch. 1 30 of 1 972

South Essex Ch. 369 of 1 976

Who administers the Act?

I he sanctuaries have been placed under the "care
and control" of the Massachusetts Department of

Environmental Management. Acting as a caretaker
rather than a permitting authority, the Department
oversees all other state agencies' licensing,
permitting and approval activities in ocean
sanctuaries to ensure compliance with the Act. It is
the responsibility of all state agencies to conduct
their activities consistent with the provisions of the
Act and confer with the Ocean Sanctuaries
Coordinator.

Ocean Sanctuaries of Massachusetts

as defined byM.G.L.C. 132A ss. 13-16 and 18

North Shore Ocean Sanctuary

South Essex Ocean Sanctuary

Cape Cod Bay Ocean Sanctuary

Cape Cod
Ocean Sanctuary

Cape & Islands Ocean Sanctuary

How does the Act work?

The Ocean Sanctuaries Act is designed to protect
coastal waters by prohibiting activities that could
be environmentally or aesthetically damaging.
Activities that have been prohibited include:

► building of any structure on the seabed or in its
subsoil

> drilling or removal of any sand, gravel or other
minerals, gases or oil

► dumping or discharge of commercial or industrial
wastes

► incineration of solid waste material or refuse on
or in vessels moored or afloat within an ocean
sanctuary

► offshore or floating electric generating stations

► commercial advertising

In addition to protecting the marine environment,
the regulations prohibit:

► removing any soil, sand, gravel, or other
minerals in any significant amounts

► changing drainage or flushing characteristics,
salinity distribution, sedimentation or flow
patterns, flood storage areas, or the water table
to more than a negligible extent

► dumping, discharging or filling with any material
of any kind that could significantly degrade water
quality

► driving pilings or erecting buildings or other
structures of any kind of any significant size or
quantity, whether or not they interfere with the
flow of water

► destroying or adversely affecting in more than a
negligible way any plant or animal life, including
shellfish and fisheries

► changing the temperature, biochemical oxygen
demand, or other natural characteristics of the
water so that there is more than a negligible
adverse effect

► significantly increasing the development of
already developed areas

► developing any previously undeveloped or
natural areas

What is allowed under the Act?

Numerous activities are allowed under the Act,
including:

► harvesting of fin and shellfish

► extraction of sand and gravel for shore protection
or beach nourishment

► continued operation of municipal, commercial or
industrial facilities and discharges in existence at
the time of the passage of the original Act, where
such activities have been approved and licensed
by appropriate federal and state agencies

► projects approved under the Waterways Act
(Chapter 91) administered by the Department of
Environmental Protection (DEP) when judged to
be of public necessity and convenience and when
approved by applicable regulatory agencies

► electric generating stations that have been
licensed by all applicable agencies (floating or
offshore is prohibited)

What is new in the

1989 amendment to the Act?

The amended Act and regulations establish a
variance procedure for proposed increases in
municipal wastewater discharges into a Sanctuary.
Prior to the amendment, a community with an
existing right to discharge municipal wastewater
into a Sanctuary could not correct water pollution
problems if it meant increasing the volume of
discharge or moving the point of discharge.
Effluent volumes had to stay at the original
volume, even if the discharge was cleaner because
of a higher level of treatment. A community could
not increase its discharge volume to address
increased development or sewer use or to eliminate
problems from combined sewer overflows.

If building in a Sanctuary

is prohibited, why are new

docks and piers being constructed?

Structures are allowed if they are approved under
the DEP Waterways Chapter 91 process and meet
an additional provision called the "public necessity
and convenience" standard, which is defined as
"necessary to the public interest" and consists of
the following factors:

► whether the proposed facility or use will serve
the public interest

► whether either the public demonstrates a need
for the project or appropriate officials deem the
project necessary for the public's safety or
welfare

► whether the proposed facility or use will
seriously alter or otherwise endanger the ecology
or appearance of the ocean, the seabed or
subsoil thereof

► whether the facility or use, if any existing at the
time the agency approval is requested, is
inadequate

► whether and to what extent existing uses or
facilities will be affected by the proposed facility
or use

► whether the person proposing the project has the
financial and/or technical ability to build and
maintain the project properly

Where can I obtain more information?

Ocean Sanctuaries Coordinator

Department of Environmental Management

Room 1904

100 Cambridge Street

Boston, MA 02202

(617)727-3267

TAL MA^

William F. Weld

Governor

Trudy Coxe

E0EA Secretary

Peter C.Webber

DEM Commissioner

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